Md. Code Regs. 26.20.26.05

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.26.05 - Placement of Excess Spoil on Abandoned Mine Land

A. Excess spoil from a permitted coal mining operation may be placed on abandoned mine land outside of the permit area if the Department determines that the:

(1) Abandoned mine land is eligible for funding under Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland;

(2) Abandoned mine land is referenced in the permit application and identified on the permit map;

(3) Plan for the placement of the excess spoil on the abandoned mine land meets all applicable design requirements of Maryland's approved program;

(4) Legal right to enter upon the abandoned mine land to place excess spoil on the area has been obtained from the surface owner; and

(5) Excess spoil will be placed in accordance with the provisions of a contract executed between the Department and the permittee for reclamation of the abandoned mine land.

B. Reclamation Standards.

(1) Excess spoil beyond the amount needed to restore the abandoned mine land to its approximate original contour may not be placed on the abandoned mine land.

(2) The final configuration of the excess spoil that is placed on the abandoned mine land area outside of the permit area shall be compatible with the natural surroundings and suitable for the intended land use.

(3) Valley, head of hollow, or durable rock fills may not be constructed on abandoned mine land.

(4) Placement of excess spoil on abandoned mine land shall be planned and implemented in accordance with the requirements of Maryland's approved program.

C. The placement of excess spoil from a permit area on abandoned mine land outside of a permit area may not be approved unless the Department finds, in writing, on the basis of information set forth in the plan or otherwise available, that:

(1) Placement of the excess spoil and reclamation of the abandoned mine land can be accomplished in accordance with the plan submitted by the operator;

(2) Excess spoil placement operation has been designed to prevent damage to the hydrologic balance outside of the abandoned mine land;

(3) Excess spoil placement operation will not adversely affect any publicly owned parks or places included in the National Register of Historic Places, unless approved by the appropriate jurisdictional agency;

(4) Applicant has submitted documentation establishing a legal right to enter and conduct the proposed reclamation on the abandoned mine land; and

(5) Proposed activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act.

D. The placement of excess spoil from a permitted coal mining operation on abandoned mine land outside of the permit area shall be accomplished in accordance with a contract between the Department and the permittee that contains conditions which:

(1) Document the method of placement of the excess spoil and reclamation on the area;

(2) Require the operator to permit and bond the abandoned mine land area if the operator defaults on the contract; and

(3) Authorize the Department to issue a cessation order to cease all mining operations on the adjacent permit area until the operator submits:

(a) An application for a permit, and

(b) The required amount of bond for the abandoned mine land area in the event the operator defaults on the contract.

E. The Department shall monitor the placement of excess spoil and the reclamation of the abandoned mine land area to ensure that the work is performed in accordance with the contract. If the operator fails to meet the terms of the contract, the Department shall issue a cessation order to stop work on the area until the failure has been corrected.

Md. Code Regs. 26.20.26.05

Regulation .05 adopted effective January 14, 1999 (26:1 Md. R. 25)